AMITESH KUMAR Vs. STATE

JUDGEMENT

(1.) By way of this petition under Section 482, Cr.P.C. the petitioner has sought the relief for quashing the summoning order dated 7.12.1998 passed by Judicial Magistrate/Civil Judge (J.D.), Haldwani, Nainital, in Criminal Complaint Case No. 822 of 2004. The petitioner has sought the relief for quashing the order dated 29.1.2002 passed by A.C.J.M., Haldwani, Nainital, in Criminal Complaint Case No. 822 of 2004, as well as the proceedings in the aforesaid case.

(2.) Brief facts of the case are that complainant-respondent No. 4 filed a complaint case under Section 138 of Negotiable Instruments Act against me petitioner in the Court of Judicial Magistrate/Civil Judge (J.D.), Haldwani, Nainital on 13.10.1998 alleging therein that the petitioner gave cheque bearing No. 0693570 to the complainant which was returned by the Bank on the ground that payment was stopped by the drawer and cheque was returned by the Bank. The petitioner was served the notice on 3.10.1998 and the amount of money as mentioned in the notice was not made good to the complainant and the cheque was dishonoured from the Bank, The statement of the complainant under Section 200 Cr.P.C. was recorded. The learned Magistrate having finding prima facie case against the petitioner summoned nun under Section 138 of Negotiable Instruments Act vide order dated 7.12.1998. Against the said summoning order, the petitioner filed his objection to the complaint case on 24.2.1999 in the Court of Judicial Magistrate/Civil Judge (J.D.), Haldwani, Nainital, who vide order dated 29.1.2002 rejected the objections filed by the petitioner to the complaint case. Feeling aggrieved, the petitioner has preferred the present petition under Section 482, Cr.P.C. before this Court.

(3.) Heard Mr. Devendra Pant, Advocate holding brief of Mr. Vijay Bhatt, learned Counsel for the petitioner, Mr. S.S. Adhikari, learned A.G.A. for respondent Nos. 1 to 3, Mr. Bindesh Kumar Gupta, learned Counsel for respondent No. 4 and perused the record.